Food and Nutrition Programs

Fresh Fruit and Vegetable Program during School Year 2022/2023

To:	Fresh Fruit and Vegetable Program Operators
From:	Robert Leshin, Director Office for Food and Nutrition Programs
Date:	September 2, 2022

The majority of nationwide Child Nutrition Program (CNP) waivers previously offered by the United States Department of Agriculture (USDA) Food and Nutrition Service (FNS) that impacted the Fresh Fruit and Vegetable Program (FFVP) expired on June 30, 2022. In the absence of nationwide waivers authorized by Congress, USDA allowed state agencies to submit individual state waiver requests for specific meal service flexibilities under the statutory requirements in Section 12(l) of the National School Lunch Act. The Department of Elementary and Secondary Education (DESE) Office for Food and Nutrition Programs (FNP) requested all available meal service waiver flexibilities available, and they were subsequently approved by USDA on May 17, 2022, and May 24, 2022. This memorandum outlines the updated requirements and flexibilities available to FFVP operation. Register for our FFVP School Year 2022/2023 Operations webinar where we plan to review these flexibilities and other program requirements on Tuesday, October 4, 2022, at 2:00 pm.

Guidance for Massachusetts School Food Authorities (SFAs) operating FFVP During SY 22/23:

Elementary schools operating FFVP must provide the FFVP meal outside of other Child Nutrition Program meal service times.
- This means FFVP cannot be distributed as part of lunch or breakfast, rather distributed at a separate time during the school day.
FFVP must be served in a congregate setting.
- This mean that FFVP cannot be distributed via grab and go/remote meal distribution.
FFVP meal must be distributed directly to all students in awarded elementary schools.

In the event of a temporary school closure, students quarantining or the need to facilitate socially distant meals due to the COVID-19 pandemic, non-congregate grab and go meals with parent pick up, may be allowed. USDA expects that program operators will use the waivers only when congregate meal service is limited by conditions related to the COVID-19 pandemic.

Differences between FFVP operations in SY21/22 and SY 22/23

Topic	SY 21-22 Seamless Summer Option (SSO)	SY 22-23 National School Lunch Program (NSLP)
FFVP Service at Alternate Sites	Nationwide waiver authority was not applicable to FFVP. During SY 21-22, interested state agencies requested individual 12(l) FFVP alternate site waivers to allow alternative sites to serve FFVP foods from elementary schools operating during school building closures.	Standard FFVP operations limit FFVP to approved elementary schools. In SY 22-23, FFVP operators must limit the availability of FFVP foods to approved elementary schools. In the event of needing a meal service flexibility, FNP has been approved for a meal service waiver*.
Parent/Guardian Pick-Up for the Fresh Fruit and Vegetable Program (FFVP)	Nationwide waiver authority was not applicable to FFVP. Therefore, to allow a parent/guardian to pick up FFVP foods to take home to children during SY 21-22, interested state agencies requested individual 12(l) FFVP parent pickup waivers.	FFVP elementary schools must serve FFVP foods directly to eligible children. In the event of needing a meal service flexibility to facilitate socially distant grab and go meal, DESE FNP has been approved for a meal service waiver*.
Non-congregate Meal Service	Nationwide Waiver to Allow Non-Congregate Meal Service for SY 21-22 allowed non-congregate meal service for NSLP, SBP, and SSO, allowing children to eat meals outside of school settings.	NSLP and SBP congregate meal service is required (children must be served and eat each meal at school). In the event of needing a non-congregate meal service to facilitate socially distant grab and go meals, DESE FNP has been approved for a meal service waiver*.
Meal Times	Nationwide Waiver of Meal Times Requirements for SY 21-22 waived federal meal time requirements for NSLP, SBP, and SSO meals served at school during SY 21-22, supporting a socially distant meal service options.	NSLP and SBP meals must follow meal service time requirements. In the event of needing a meal service time flexibility to facilitate socially distant grab and go meal, DESE FNP has been approved for a meal service waiver*.

If you have questions about operating FFVP in Massachusetts, contact the DESE FNP at KevinE.dawson@mass.gov and 781-338-6463.

This institution is an equal opportunity provider

Last Updated: September 2, 2022